|- FLSA Section 14(c) Advisor|
Renewal of Certificates Under FLSA Section 14(c)
An expiration date is printed on each certificate. Approximately two months before a certificate expires, the Wage and Hour Division will notify the employer that it is time to apply for a new certificate. An employer is still responsible for filing a proper and timely renewal application prior to the expiration of its certificate should, for some reason, the Wage and Hour Division fail to send a renewal notice.
Renewal applications are submitted on the same forms (WH-226 and WH-226A) and in the same manner as the initial application. If the renewal application is properly filed with the Wage and Hour Division before the existing certificate expires, the employers existing authority to pay special minimum wages (SMWs) continues in effect until the renewal application is either granted or denied.
An application is "properly" filed if it contains the required employer information and supporting documentation. An application is "timely" filed if it bears a postmark date that is earlier than the certificate expiration date.
If a properly completed renewal application is not received by the Wage and Hour Division prior to the expiration date of the certificate, the employers authority to pay SMWs ceases, and all covered employees must receive at least the applicable minimum wage for all covered work.
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